Illinois misclassification act claim fails; bona fide corporation, not owner, performed services

Illinois

From Employment Law Daily —

A rare case when a worker was found to be an independent contractor in Illinois.  The appeals court agreed with the trial court that services were provided by a bona fide corporation and denied the corporation’s owner’s claim for misclassification.

“Pursuant to the Act’s regulations, “an individual performing services” does not include a “bona fide corporation.” In determining whether a corporation is bona fide, the following factors, among others, are considered: whether the corporation is capitalized; has issued corporate stock; maintains a corporate bank account; intermingles corporate and personal accounts or funds; holds itself out as a corporation; maintains corporate books and records; and has filed articles of incorporation and is in good standing, in the case of Illinois corporations, with the Illinois Secretary of State.

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